NACDL - United States v. Hernandez

United States v. Hernandez

Multi-defendant case in which defendant Hernandez sought to withdraw his 2021 guilty plea and to dismiss case after he was deported and threatened by Mexican drug cartel members while awaiting sentencing. Court denied Hernandez motions and proceeded to sentencing with the defendant in absentia, ordering that he self-surrender at the US. Border to be taken into custody for purposes of serving his 48 month sentence. The defendant has filed a notice of appeal.

Case Details

Case No.: 2:17-cr-00064
Case Filed: February 13, 2017
Jurisdiction: C.D. Cal.
Charges: 21 U.S.C. 841(a)(1), 21 U.S.C. 846
Case Outcome: Guilty - Plea
Judge: Snyder, Christina A.
US Attorney: Lecedre, JohnPaul
Defendant(s): Gomez, Esmeralda; Martinez, Raymundo Lugo; Hernandez, Javier; Quijada, Henry
Defense Attorney: Wallach, Ian

Key Topics in the Case

Unusual Sentencing

Case Analysis

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Case Files

ECF: 1 - 02/13/17 - Government - Indictment

Indictment

a-gov-uscourts-cacd-669635-1-0_2.pdf
ECF: 463 - 11/10/25 - Defense - Motion to Dismiss

Defense Motion to Dismiss

b-gov-uscourts-cacd-669638-463-0_2.pdf
ECF: 466 - 11/12/25 - Defense - Miscellaneous

Defense Motion to Withdraw Plea Agreement

c-gov-uscourts-cacd-669638-466-0.pdf
ECF: 478 - 11/24/25 - Court - Court Orders

Court Order Denying Defense Motions to Dismiss and/or Withdraw Plea Agreement

d-gov-uscourts-cacd-669638-478-0_1.pdf
ECF: 493 - 04/08/26 - Defense - Sentencing

Defendant's Sentencing Memorandum

e-gov-uscourts-cacd-669638-493-0_6.pdf
ECF: 497 - 04/13/26 - Government - Sentencing

Government Sentencing Memorandum

f-gov-uscourts-cacd-669638-497-0.pdf
ECF: 512 - 04/24/26 - Government - Motions

Government Motion Claiming Breach of Plea Agreement by virtue of Defendant's Absence

g-gov-uscourts-cacd-669638-512-0.pdf
ECF: 514 - 05/01/26 - Defense - Motions

Defense Opposition to Government Motion for Breach of Plea Agreement due to Defendant's Absence

h-gov-uscourts-cacd-669638-514-0.pdf
ECF: 521 - 05/07/26 - Government - Sentencing

Government Reply In Support of Motion to Find Defendant in Breach of Obligation to Appear for Sentencing

i-gov-uscourts-cacd-669638-521-0.pdf
ECF: 522 - 05/11/26 - Defense - Sentencing

Defense Final Response re: Alleged Breach of Plea Agreement and Failure to Appear

j-gov-uscourts-cacd-669638-522-0.pdf
ECF: 524 - 05/14/26 - Court - Sentencing

Judgment and Commitment Order

k-gov-uscourts-cacd-669635-524-0.pdf
ECF: 528 - 05/18/26 - Defense - Other

Notice of Appeal

l-gov-uscourts-cacd-669638-528-0.pdf

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